A recent report into the violence surrounding East Timor's independence vote
in 1999 places the blame for crimes against humanity squarely at Indonesia's
feet.

Indonesia's president, Susilo Bambang Yudhoyono, has since expressed his
'deepest remorse' for the violence, making him the first Indonesian leader to
formally acknowledge the institutional responsibility of the Indonesian state,
its military and police.

However, he stopped short of an official apology and the author of the
report, the joint Indonesian East Timorese Commission of Truth and Friendship,
has no power to prosecute.

Human rights groups have dismissed the commission as meaningless without
prosecutions or the substantial reform of the Indonesian military.

Jim Middleton spoke to Usman Hamid, the coordinator of the Indonesian human
rights group Kontras.

Jim Middleton: Welcome to the program.

Usman Hamid, Indonesian Human Rights Activist: Thank you.

Jim Middleton: As a person involved in human rights in Indonesia, what's your
reaction to the findings of the Truth and Friendship Commission?

Usman Hamid: Yeah, thanks. Actually, it is important to emphasise about the
major findings of the report concluded that crimes against humanity took place
in East Timor in 1999, around the time of referendum. Killing, tortures and
false disappearances, rapes and sexual violence took place before, around and
after the referendum. So it is important for Indonesia and Timor Leste to open
for more prosecution in the future. And I think despite criticisms the
conclusion should be considered as a positive development of both governments as
part of - as the form of - official acknowledgement that crimes against humanity
were, exist in East Timor.

Jim Middleton: President Yudhoyono offered regrets on behalf of the
Indonesian people rather than a full apology. Why did he not go the whole way,
the full way?

Usman Hamid: I think first of all, he really wants to show there is a change,
that Indonesia would not deny the crimes against humanity in East Timor, like it
did in the past. But of course Indonesia is not really wants to be too defensive
on denying or accepting the findings of the CTF reports. On the other hand, it
is not really easy for the current governments to pursue accountability to
criminal prosecutions against individuals who are responsible for the crimes
since they have influence in Indonesian politics. So I think we are not
satisfied with the 'deeply regret'. It should be apology because apology can be
very important in acknowledging... the wounds of the victims and the families.

"It should be apology because apology can be very important in
acknowledging... the wounds of the victims and the families."

Jim Middleton: What would have been the consequences for President Yudhoyono
had he suggested a move to criminal prosecutions?

Usman Hamid: I think from the legal point of view there is no negative
consequence since the report concludes crimes against humanity took place in
East Timor. Crimes against humanity are not subject to statutes of limitation,
are not subject to amnesty and crimes against humanity are not subject to non
retroactivity, therefore criminal prosecutions in the future is still open, but
politically I think it will take some time.

Jim Middleton: If prosecutions are to proceed some time in the future, do you
believe that General Wiranto, who was head of the military at the time, ought to
be one of those indicted?

Usman Hamid: He should be one of the person to be indicted, because the name
of Wiranto is already in the serious crimes unit recommendation and also
commission of expert set up by United Nations Secretary General, recommended to
Indonesia to prosecute high level suspect like Wiranto. So I think the current
situation in Indonesian politics shows a sickness - that military impunity has
been reduced, but not significantly.

Jim Middleton: General Wiranto is of course supposed to be a candidate in
next year's presidential elections. Wouldn't it complicate matters if he were to
be under threat of prosecution?

Usman Hamid: This is a real challenge for the current leadership in
Indonesian politics and the prosecution against Wiranto can give political
benefit to Yudhoyono, but on the other hand Yudhoyono, as former military seems
to be reluctant, seems to not really want to take strong actions against senior
generals like Wiranto. But I think the CTF report has very important aspect
where it can say that what has been explained by Wiranto as the military chief
at the time was wrong. What has been explained by Wiranto that the crimes
against humanity were not took place and it's just about the horizontal conflict
between East Timorese was wrong. And I think this is a very positive development
where in the future it can be used for criminal prosecutions.

"The current situation in Indonesian politics shows a sickness - that
military impunity has been reduced, but not significantly."

Jim Middleton: Former Australian Foreign Affairs Minister, Alexander Downer
thinks that while the Indonesian President at the time, BJ Habibie did not
sanction the violence, he thinks it is possible that General Wiranto disobeyed
the President's instructions. Do you think that's what happened?

Usman Hamid: I think it has to be brought to the court. I mean, in, during
the times, President Habibie was the one who has been considered as opening
Democratic space for East Timor by offering democratic solution for referendum
but I think to make sure there is responsibility for the president or just at
the level of the chief it should be brought to the court. But Wiranto I think
must be its one amongst those responsible persons for the crimes to be brought
to justice. And unfortunately the CTF report fails to name any individuals.